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A. L. F. Realty Co. v. Devine

283 A.D. 666 Court N.Y. App. Div. Decision date 1954-01-18 English

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p. 666
In the Matter of A. L. F. Realty Co. Inc. et al., Appellants, against Peter J. Devine, as Building Commissioner of the City of Long Beach, et al., Respondents.

Petitioners in a proceeding pursuant to article 78 of the Civil Practice Act appeal from an order dismissing their petition. The proceeding was based on a contention that respondent National Boulevard Corporation had erected and is maintaining a structure on a certain parcel of land owned by it in the city of Long Beach in violation of a provision in the zoning ordinance of the said city, which provision generally requires that there shall be a rear yard in the business districts established by the ordinance. (Zoning Ordinance of City of Long Beach, § 12, subd. [e].) A direction that the respondent building commissioner enforce the provision of the ordinance was sought. Order unanimously affirmed, with $10 costs and disbursements. No opinion. Present — Nolan, P. J., Wenzel, MacCrate, Schmidt and Beldoek, JJ. [See post, p. 815.]